Administrative authorities must reconsider representations in accordance with prior judicial directives regarding the reasonableness of rent enhancements before denying requests for property purchase.

Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 15.07.2025 passed in W.P.No.26296 of 2023 on the file of this Court.

(Judgment of the Court was delivered by the Hon'ble Chief Justice)

After hearing learned counsel for the parties, we find that the rejection of petitioner’s representation, which was assailed by filing writ petition, was without taking into consideration the directions contained in the order dated 04.07.2022 passed in W.P.No.16695 of 2009, wherein it was observed that the enhancement of rent at the rate at 15% per annum, though supported by Resolution of Board, seems to be unreasonable and it is for the Board to reconsider the same.

2. When the petitioner made a representation, this aspect was required to be taken into consideration. That, however, was not done. In the event, the enhancement at the rate of 15% per annum is slashed down, the consequent liability for payment by the petitioner could be determined and if the petitioner does not pay, the same could be recovered. In the event, the petitioner agrees to pay, her prayer for purchase of property can be considered.

3. In view of the above, the order passed by the learned Single Judge is set aside. The writ petition is allowed and the order dated 28.08.2023 is set aside and the Managing Director, Tamil Nadu Housing Board, is directed to re-consider the petitioner’s representation keeping in view the directives issued by this Court on 04.07.2022 in W.P.No.16695 of 2009, particularly with reference to the enhancement of rent at the rate of 15% per annum.

The Writ Appeal is, accordingly, allowed. There shall be no order as to costs.

Index : Yes/No

Neutral Citation : Yes/No

sra